Motivate Personal Fitness – Terms of Use
Last Updated: 9/7/2026
Motivate Personal Fitness, operated by Motivate – Personal Fitness Academy (“Motivate Personal Fitness,” “we,” “us,” or “our”), provides the website located at www.MotivatePersonalFitness.com (the “Website” or “Site”). By accessing or using the Website, you confirm that you have read, understand, and agree to be bound by these Terms of Use (the “Terms”), whether or not you are a member, client, participant, or account holder.
You may use the Website only if you comply with these Terms and all applicable laws. We may amend, modify, add to, or remove portions of these Terms at any time. If we do, we will post the revised Terms on the Website and update the “Last Updated” date above. Your continued use of the Website after revised Terms are posted means that you accept the revised Terms.
If you do not comply with these Terms, we may suspend or terminate your access to the Website, any account, booking features, or any portion of the Website.
Grant of Right to Use the Site
Provided that you are eligible to use the Website and comply with these Terms, Motivate Personal Fitness grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and to download or print written Website materials solely for your personal, non-commercial use.
This license does not transfer ownership of any Website content to you. You may not use the Website or its content for a commercial purpose without our prior written permission.
Materials Property of Motivate Personal Fitness
All content on the Website—including text, graphics, logos, photographs, video, audio, class descriptions, workout materials, training content, designs, information, software, layouts, and the way those materials are presented—is owned by or licensed to Motivate Personal Fitness unless otherwise identified.
No Website content may be copied, modified, republished, reproduced, distributed, displayed, transmitted, downloaded, posted, framed, sold, licensed, or otherwise used in any form or by any means without our prior written permission. You may not use our business name, trade name, trademarks, service marks, logos, photographs, or other branding without our express written permission.
Unauthorized use of Website content is prohibited and may violate copyright, trademark, privacy, publicity, or other laws. You agree to indemnify and hold Motivate Personal Fitness harmless from claims, losses, costs, damages, and expenses arising from your breach of these Terms or unauthorized use of Website content.
Fitness, Wellness, and Medical Disclaimer
The Website may provide general fitness, exercise, wellness, nutrition, or lifestyle information. All such information is provided for educational and informational purposes only. It is not medical advice, diagnosis, treatment, physical therapy, nutritional therapy, or a substitute for consultation with a qualified physician or other licensed health-care professional.
You should consult a qualified health-care professional before beginning or changing an exercise, fitness, wellness, or nutrition program, especially if you are pregnant, have a medical condition, have an injury, take medication, or have concerns about your ability to safely participate.
If you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptoms while exercising, stop immediately and seek appropriate medical assistance. If you believe you are experiencing a medical emergency, call 911 or your local emergency number.
Nothing on this Website creates a trainer-client, physician-patient, therapist-patient, or other professional relationship. Website content is not individualized programming or personal training unless we separately agree to provide those services in writing.
Assumption of Risk and Separate Waivers
Physical exercise and fitness activities involve inherent risks, including the risk of serious injury, illness, disability, death, and property damage. If you choose to perform or follow exercises, workouts, demonstrations, recommendations, or other fitness-related content made available through the Website, you do so voluntarily and at your own risk.
You are responsible for determining whether an activity is appropriate for you, using safe equipment and surroundings, following instructions carefully, stopping if you experience symptoms or discomfort, and obtaining medical clearance when appropriate.
Participation in classes, personal training, events, programs, facility use, or equipment use may require a separate membership agreement, personal-training agreement, health questionnaire, informed-consent form, release and waiver of liability, payment authorization, cancellation policy, and compliance with facility rules. Those documents are separate from these Terms and, where applicable, govern the relevant service or activity.
Disclaimer and Limitation of Liability
You use the Website at your own risk. The Website and all Website materials are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Motivate Personal Fitness makes no express or implied representations or warranties regarding the Website or Website content, including warranties of accuracy, completeness, reliability, availability, merchantability, fitness for a particular purpose, title, non-infringement, or that the Website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
Information on the Website may not always be accurate, complete, current, suitable, or available. We are not responsible for errors, omissions, delays, interruptions, technical problems, or changes to Website information, class schedules, trainer availability, pricing, products, services, or offerings.
To the maximum extent permitted by law, Motivate Personal Fitness and its owners, officers, employees, trainers, independent contractors, agents, affiliates, service providers, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, data, business, or goodwill; personal injury; illness; death; property damage; or other loss arising from or related to your use of, inability to use, or reliance on the Website or Website content.
To the maximum extent permitted by law, the total liability of Motivate Personal Fitness for any claim arising from or relating to the Website or these Terms will not exceed the greater of: (a) the amount you paid directly to Motivate Personal Fitness through the Website for the specific product or service giving rise to the claim in the 12 months before the event giving rise to the claim; or (b) $100.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for gross negligence, reckless or intentional misconduct, fraud, or any other liability that applicable law does not permit us to waive or limit.
Responsibility for Your Submissions
If the Website allows you to submit, upload, post, send, review, comment on, or otherwise provide text, photographs, videos, testimonials, messages, or other content (“User Content”), you are solely responsible for that User Content.
You may submit only User Content that you created or for which you hold all necessary rights, permissions, releases, and consents. You represent and warrant that your User Content does not infringe another person’s intellectual-property, privacy, publicity, or other legal rights.
You may not submit User Content that is defamatory, threatening, abusive, harassing, discriminatory, obscene, indecent, fraudulent, misleading, infringing, harmful, unlawful, or otherwise objectionable. You may not submit protected health information, confidential information, or personal information about another person unless you have clear authority to do so.
You agree to defend, indemnify, and hold harmless Motivate Personal Fitness and its owners, officers, employees, trainers, independent contractors, agents, affiliates, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your User Content, your Website use, your violation of these Terms, or your violation of another person’s rights.
By submitting User Content, you grant Motivate Personal Fitness a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, edit, adapt, publish, publicly display, perform, distribute, communicate, and otherwise use your User Content in connection with operating, improving, promoting, and marketing Motivate Personal Fitness and its services, subject to applicable law and our Privacy Policy.
You retain any ownership rights you have in your User Content. However, you understand that we have no obligation to publish, maintain, or return User Content, and we may remove User Content at our discretion.
Responsibility for Third-Party Links
The Website may contain links to, integrations with, or embedded content from third-party websites and services, such as payment processors, booking platforms, social-media platforms, maps, video providers, analytics providers, and advertisers.
We do not control and are not responsible for third-party websites, services, content, availability, security, privacy practices, products, or policies. A link or integration does not mean that Motivate Personal Fitness endorses or is affiliated with the third party. Your use of any third-party website or service is at your own risk and subject to that third party’s terms and policies.
You may not submit or post links to third-party websites that contain infringing, defamatory, abusive, harassing, obscene, indecent, fraudulent, harmful, unlawful, or otherwise objectionable content, or that could expose Motivate Personal Fitness or Website users to harm or liability.
Purchases, Bookings, and Payments
If the Website allows you to purchase memberships, class packages, appointments, personal-training sessions, merchandise, digital content, event registrations, or other products or services, you agree to provide accurate payment and account information and authorize us and our payment processors to charge the payment method you provide for all amounts due, including applicable taxes and fees.
Prices, availability, schedules, instructor assignments, services, and offerings may change without notice, except where applicable law requires otherwise. Specific cancellation, refund, package-expiration, no-show, late-cancellation, recurring-billing, membership, and payment terms will be disclosed at the time of purchase, in a separate policy, or in a separate agreement. Those specific terms govern the applicable purchase.
If you enroll in a recurring membership or subscription, the applicable enrollment page or membership agreement will identify the recurring charge, billing frequency, cancellation method, and other required disclosures. You are responsible for reviewing those terms before enrolling.
Privacy of Your Personal Information
Motivate Personal Fitness collects, uses, retains, and shares personal information in accordance with our Privacy Policy. By using the Website or providing personal information through it, you acknowledge that you have reviewed the Privacy Policy.
Our Privacy Policy explains, among other things, how we collect and use information submitted through contact forms, booking tools, account features, payment systems, cookies, analytics, advertising technologies, email communications, and text-message programs, where applicable.
If you separately opt in to promotional email or text communications, you consent to receive those communications as described when you opt in. Consent to marketing messages is not a condition of purchasing goods or services. You may opt out of promotional emails by using the unsubscribe link in an email. For recurring promotional text messages, you may reply STOP, subject to the instructions in the message. Message and data rates may apply, and message frequency may vary.
You agree not to use the Website to:
- Violate any law or another person’s rights.
- Impersonate another person or provide false or misleading information.
- Gain unauthorized access to the Website, accounts, systems, networks, or data.
- Interfere with the Website’s operation, security, or availability.
- Upload or transmit viruses, malware, or harmful code.
- Send spam, phishing, unsolicited messages, or misleading promotions.
- Use bots, crawlers, scrapers, data-mining tools, or other automated methods to access, copy, or collect Website content or data without our written consent.
- Copy, reproduce, or exploit Website content or services for commercial purposes without permission.
- Use Website content to train, develop, or improve an artificial-intelligence or machine-learning system without our written permission.
If you do not comply with these Terms, we may suspend or terminate your access to the Website, account, booking features, or any portion of the Site at any time, with or without prior notice. We may also take this action when reasonably necessary to protect the Website, our business, clients, staff, vendors, or the public; investigate suspected fraud or misuse; comply with law; or address a security concern.
Termination does not affect any rights or obligations that arose before termination. Provisions that by their nature should survive termination—including intellectual-property rights, disclaimers, limitation of liability, indemnification, governing law, dispute provisions, and general provisions—will survive.
Motivate Personal Fitness operates the Website from California, United States. The Website may be accessed from other states and countries with laws that differ from California law. You are responsible for complying with the laws applicable to you where you access the Website.
These Terms and any dispute arising out of or relating to the Website or these Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.
Before commencing a legal claim, you agree to contact us at MotivateFitness209@gmail.com and provide written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute informally for at least 30 days after notice is received.
Unless a separate written agreement that applies to the claim provides otherwise, any legal action arising from or relating to the Website or these Terms must be filed exclusively in the state or federal courts located in Sutter Creek, California. You consent to the personal jurisdiction and venue of those courts.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210, if they have a complaint regarding the Website or our services.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or deemed severed from these Terms. The validity and enforceability of the remaining provisions will not be affected.
Our failure to enforce any provision of these Terms, or to exercise any right under these Terms, does not waive that provision or right. Any waiver must be in writing and signed by an authorized representative of Motivate Personal Fitness.
Questions about these Terms may be sent to:
Motivate Personal Fitness
Motivate – Personal Fitness Academy
380 Spanish St.
Sutter Creek, CA 95685
Email: MotivateFitness209@gmail.com
Phone: 2094068828